Title

Bush Labor Board Decisions: Pendulum Shift of Permanent Changes?

Document Type

Article

Publication Date

Fall 2005

ISSN

0023-6586

Publisher

CCH Incorporated

Language

en-US

Abstract

Vacancies on the 5-member National Labor Relations Board (NLRB) are nothing new. While the Board was still at full capacity, it continued to re-consider Clinton Board precedent. After overturning decisions of the Clinton Board involving the Weingarten rights of nonunion employees and the status of graduate teaching assistants, the Board turned in the Fall to the organizing rights of temporary and leased employees. Shortly thereafter, the full Board decided two cases neither of which reversed precedent, however, the dissent in both cases was no less vocal in its criticism of the majority's approach. One reconsidered the circumstances under which a supervisor's prounion activity constitutes objectionable conduct warranting a new election. At issue in the other case were employer rules prohibiting the use of abusive and profane language and verbal harassment. NLRB observers worry that the Board's back and forth treatment of important issues may negatively impact the degree of deference the courts accord the Board's decisions.

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